No. 52

STATE OF MICHIGAN

Journal of the Senate

102nd Legislature

REGULAR SESSION OF 2023

 

 

 

 

 

Senate Chamber, Lansing, Tuesday, May 30, 2023.

 

10:00 a.m.

 

 

Pursuant to rule 1.101, in the absence of the Presiding Officers, the Senate was called to order by the Secretary of the Senate.

 

 

Motions and Communications

 

 

The following communication was received:

Judicial Tenure Commission

May 25, 2023

The year 2022 was filled with positive developments for the Commission. First and foremost, the Commission thanks the Legislature, Governor Whitmer and the Supreme Court for their support in providing the Commission with additional resources it needs to ensure the judiciary is working for the people of the state.

For the first time since before the turn of the century additional full-time attorney/investigator positions have been added to our staff. The additional staff were necessary for the Commission to begin to address the large backlog of cases that has been growing over the past several years due to the increased complexity of the issues that are brought before the Commission and the increased number of complaints that have warranted a full investigation. These personnel additions required the Commission to move into a larger office space.

The Commission also worked with the Association of Black Judges of Michigan to modify our internal operating procedures to create a process to address complaints against staff members and to memorialize the Commission’s existing practices of seeking out such exculpatory information as might exist and promptly providing information, including any exculpatory information, to respondent judges who are charged in a public complaint.

Finally, the Commission recognized the importance of protecting the confidentiality of grievants whose situation gives them a reasonable fear of retribution if they bring concerns to our attention. After reviewing the practices our sister states follow to protect grievants and potential grievants who report suspected judicial misconduct, the Commission proposed revisions to the Michigan Court Rules to provide for grievant confidentiality when appropriate, while at the same time ensuring that respondent judges have full access to the allegations and evidence against them if they are charged in a public complaint. After receiving public comment the Supreme Court will determine which, if any, of those recommendations to implement.

With this backdrop I am pleased to present the 2022 Annual Report of the Michigan Judicial Tenure Commission. This report informs the public and all branches of state government about the Commission’s duties, operations, and actions.

The Commission is committed to fulfilling its responsibilities to the people of the State of Michigan. It thanks its devoted and professional staff members for their continued hard work and assistance. We hope the vigilant and dedicated work of the Commission will preserve and promote the public’s confidence in the integrity, independence, and fairness of the Michigan judiciary.

                                                                                       Very truly yours,

                                                                                       Hon. Jon H. Hulsing

                                                                                       Chairperson

                                                                                       For the Commission

The communication was referred to the Secretary for record.

Messages from the Governor

 

 

The following messages from the Governor were received and read:

May 25, 2023

I respectfully submit to the Senate the following appointments to office pursuant to Public Act 196 of 1973, MCL 15.344:

State Board of Ethics

Ms. Leslee Fritz of 2915 S. Cambridge Road, Lansing, Michigan 48911, county of Ingham, reappointed to represent Democrats, for a term commencing May 25, 2023 and expiring February 7, 2027.

Ms. Catherine McClure of 10340 Scio Church Road, Chelsea, Michigan 48188, county of Washtenaw, reappointed to represent Democrats, for a term commencing May 25, 2023 and expiring February 7, 2027.

 

May 25, 2023

I respectfully submit to the Senate the following appointments to office pursuant to Public Act 368 of 1978, MCL 333.16121 and 333.18221:

Michigan Board of Psychology

Ms. Latricia Powell of 6317 State Street, Suite 2, Saginaw, Michigan 48603, county of Saginaw, succeeding Mindy Bradish-Orta whose term has expired, appointed to represent the general public, for a term commencing May 25, 2023 and expiring December 31, 2026.

Mr. John Randle of 21951 Boulder Drive, Farmington Hills, Michigan 48335, county of Oakland, succeeding Melinda Fernandes whose term has expired, appointed to represent the general public, for a term commencing May 25, 2023 and expiring December 31, 2026.

 

May 25, 2023

I respectfully submit to the Senate the following appointment to office pursuant to Public Act 299 of 1980, MCL 339.303 and 339.2402:

Residential Builders’ and Maintenance and Alteration Contractors’ Board

Mr. Troy Young of 9709 Fountain Lane, Fowlerville, Michigan 48836, county of Livingston, succeeding Herman Harris whose term has expired, appointed to represent licensed residential builders, for a term commencing May 25, 2023 and expiring March 31, 2027.

 

May 25, 2023

I respectfully submit to the Senate the following appointment to office pursuant to Public Act 345 of 1990, MCL 54.263:

State Survey and Remonumentation Commission

Mrs. Karen Hahn of 400 Elm Street, Big Rapids, Michigan 49307, county of Mecosta, reappointed to represent grant administrators, for a term commencing May 25, 2023 and expiring October 20, 2026.

                                                                                       Respectfully,

                                                                                       Gretchen Whitmer

                                                                                       Governor

The appointments were referred to the Committee on Government Operations.

 

Pursuant to rule 3.104 the Senate proceeded to the order of

Introduction and Referral of Bills

 

 

Senators Hertel, Damoose, Hauck, Irwin, Bellino, Geiss, Camilleri, Hoitenga and Anthony introduced

Senate Bill No. 365, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 5553, 5555, 5557, and 5561 (MCL 333.5553, 333.5555, 333.5557, and 333.5561), as added by 2014 PA 269, and by adding sections 5560 and 5562.

The bill was read a first and second time by title and referred to the Committee on Health Policy.

 

 

Senators McCann, Irwin, Shink, Singh, Wojno and Polehanki introduced

Senate Bill No. 366, entitled

A bill to amend 1969 PA 165, entitled “An act to authorize the public service commission to establish and enforce gas safety standards; and to provide penalties for violations thereof,” by amending section 11 (MCL 483.161), as amended by 1992 PA 11.

The bill was read a first and second time by title and referred to the Committee on Energy and Environment.

Announcements of Printing and Enrollment

 

 

The Secretary announced that the following bills and joint resolution were printed and filed on Thursday, May 25, and are available on the Michigan Legislature website:

Senate Bill Nos.      359    360    361    362    363    364

House Bill Nos.     4664   4665   4666   4667  4668   4669   4670   4671   4672  4673   4674   4675 4676       4677        4678        4679        4680        4681                               4682   4683   4684   4685 4686

House Joint Resolution       C

 

 

In the absence of all Senators, pursuant to Joint Rule 15, the Secretary of the Senate adjourned the Senate, the time being 10:01 a.m.

 

In pursuance of the order previously made, the Secretary of the Senate declared the Senate adjourned until Tuesday, June 6, 2023, at 10:00 a.m.

 

 

DANIEL OBERLIN

Secretary of the Senate